The objective of the Transitional Public Security (TPS) working group was to conduct a comprehensive review of the Unified Action Commander's Handbook for Rule of Law (RoL)
in support of Joint Review Oversight Council Memorandum
( JRCOM) 172-13 Task 10. The handbook review will assist in
the compilation of a Transitional Public Security/Transitional
Security Sector Program of Instruction (POI) Assessment Model, fulfilling JRCOM Task 13. The TPS workgroup handbook
review was intended to derive specific TPS Knowledge, Skills
and Abilities (KSA), thus informing JROCM Task 11.
The TPS workgroup attendees consisted of representatives from
the Department of State, the Office of the Secretary of Defense
for Stability and Humanitarian Affairs, the U.S. Army’s Office
of the Provost Marshall General, the Civil Military Advisory
Group, The Institute for Military Support to Governance,
National Defense University’s Center for Complex Operations,
and PKSOI.
PKSOI representatives updated and restructured the previous
edition of the RoL handbook using the latest policy and doctrinal changes, as well as integrating the construct and ideology
of the United States Institute for Peace’s Guiding Principles
and Measuring Progress in Conflict Environments (MPICE)
manuals. Joint Publication 3-07 Stability Operations (revision
first draft 2014) was one of the base doctrinal templates for the
revised RoL handbook.
The workgroup members were split into groups, which reviewed two chapters of the Rule of Law handbook, and provided edits and comments in the chapters using track changes. After one hour, the groups switched to another set of chapters and
reviewed the chapter contents and previous group’s comments.
All subsequent groups to review the chapters and comments
were permitted to make additional changes, new comments,
and address the previous group’s comments, but not alter or
delete any previous comments.
The predominate theme from the RoL Handbook review
addressed the issue of not repeating current doctrine and
handbooks in one topical manual, as much of the existing
construct was inherently encapsulated in other manuals. The
new JP 3-07, Rule of Law Handbook: A Practitioner’s Guide
for Judge Advocates, MPICE, the Guiding Principles and the
existing handbook were sufficient to inform the Rule of Law
practitioner. Thus, the recommendation was to create a series
of handbooks which added to breadth of knowledge as an
operational planning and implementation tool, which would
be illustrated through case studies and futuristic scenarios for
practical application. Therefore, one manual would address
strategic design and planning, as this is often the most underem-
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phasized aspect of mission failure in stability operations. The
process of conducting an extensive Situation Assessment and
Mission Analysis is paramount for successful strategic design
and planning. Assessment tools must be designed to identify the root causes of conflict, and the case studies should be
illustrative of the most effective methodologies for mitigating
the root causes of conflict. The new handbook series should be
written from a "bottom up" approach as the practitioners will
be the primary implementers of conflict mitigating initiatives,
as well as the most knowledgeable and best collection points for
the root causes of conflict. Measuring progress is an essential
component of the handbook series, as there is a multitude of
assessment tools, but very few individuals who truly understand
the process, or the exact components which should be measured during the assessment process. The workgroup spent time
discerning the best case studies to encapsulate a comprehensive
approach to stability operations. The historical case studies for
potential inclusion in the handbook series were Haiti, Afghanistan, Bosnia, Georgia, Panama and the Philippines - case studies
with varied circumstances and stability challenges.
The RoL handbook revision comments focused on the western
slant of the material, which initiated a further discussion as to
whether U.S. soldiers and officials were even a viable option to
attempt to assess and reform a non-Common Law system. The
general consensus presumed that even in a simple advise and
assist mission, U.S. personnel would be able to encourage the
incorporation of international human rights considerations,
but would intermingle western “one authoritative body,” “top
down approach” to a legal construct, subjugating or disregarding Traditional and Religious law. A current omission from the
handbook is an annex on authorities that must be incorporated
into the U.S. operational plan and international mandates in
order for DoD personnel to understand their limitations in
supporting Rule of Law development. Due to the unfamiliarity
with other legal constructs, the handbook should advocate the
inclusion of law professors, think tanks and non-governmental institutions in the initial strategy planning and situational
assessment phases. Case Studies accentuating Best and Worst
Practices in military support to various stability functions (in
this case Rule of Law) are not found in any other doctrinal or
handbook guides, and could be designed to diminish western
slants.
The Way Ahead is to propose a new operationalized format for
the handbook series incorporating Case Studies and focusing
on the planning, assessment and measuring progress aspects of
Stability Operations, as these components do not exist in the
current manual construct. The new handbook series will be
communally written, adjudicated, approved and distributed
through a wiki or hive technology for simultaneous product